HONOLULU – The Hawaii State Department of Health (DOH) Wastewater Branch has issued a Notice of Violation, Permit Suspension and Order (NVPSO) to the Haleiwa Beach House Restaurant because its wastewater system is causing an imminent threat to public health by spilling wastewater onto a neighboring property used by children for educational purposes. The business may contest the notice at a hearing that will be scheduled within 24 hours of receipt of the notice.

“To protect public health and the environment and prevent the contamination of neighboring properties caused by the overloading of the restaurant’s wastewater system, the department is ordering the Haleiwa Beach House to cease operation,” said Stuart Yamada, Environmental Management Division administrator. “Unfortunately, the recent expansion of this restaurant was completed without the necessary State and county approvals and as a result, the wastewater system cannot adequately handle the expanded capacity of the restaurant.” The wastewater system is authorized for a capacity of 114 people, but with the unauthorized expansion, the restaurant has increased its seating capacity to serve up to 388 people.

Building permit applications submitted to the City & County of Honolulu require review and approval of plans for wastewater systems by the DOH Wastewater Branch for properties that are not serviced by the City and County’s sewer system. This approval process ensures that businesses operate with sufficient wastewater capacity and requirements are met to protect public health and the environment from wastewater spills.

On May 3, 2016, the DOH Wastewater Branch conducted an onsite inspection of the restaurant and found the establishment was operating with a seat capacity that exceeded their wastewater system capacity. The Branch cited the business and required the submission of a plan of correction. During follow-up inspections on May 16-19, tests were conducted and results confirmed allegations of wastewater spilling from the restaurant’s wastewater system into a neighboring property in close proximity of a fish pond. The property and fish pond are frequently visited by school students.

The DOH Wastewater Branch will continue to work with the business to develop an acceptable plan of correction. A temporary suspension of the Haleiwa Beach House restaurant’s food permit will remain in effect until the restaurant complies with the NOVO.

The Department of Health’s Wastewater Branch administers the statewide engineering functions relating to water pollution control, the municipal and private wastewater treatment works program, the individual wastewater systems program, and the water pollution control revolving fund program. These functions include monitoring and regulation of all existing wastewater systems, as well as the review and approval of planning/environmental documents, wastewater project plans and specifications, and final construction inspections of wastewater projects.